Case law

Evans v. Ball

168 F.3d 856 · Court of Appeals for the Fifth Circuit · Mar 12, 1999

Hence, the restrictions were not a clearly established constitutional violation, and the allegation of seizure cannot abrogate qualified immunity. 1. … qualified immunity.

Hike v. Hall

427 N.W.2d 158 · Supreme Court of Iowa · Jul 20, 1988

Conversely, in situations in which assistant state’s attorneys’ activities are not quasi-judicial and consequently are clothed only with qualified immunity, that qualified immunity applies as well to a claim that the state … of liberty ... the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Van Dyke v. Washington

896 F. Supp. 183 · District Court, C.D. Illinois · Aug 3, 1995

However, "the defense of qualified immunity shields government officials performing discretionary functions `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and (2) whether the constitutional standards implicated were clearly established at the time in question.

Nicole M. Ex Rel. Jacqueline M. v. Martinez Unified School District

964 F. Supp. 1369 · District Court, N.D. California · Apr 15, 1997

Analysis of Qualified Immunity Defense 1. Whether the Law at the Time of Guzman’s Alleged Acts and Omissions Was Clearly Established a. … The investigator asserted a qualified immunity defense, maintaining that the law did not clearly establish that his actions violated Eastwood’s right to privacy.

Gutierrez v. City of Indianapolis

886 F. Supp. 2d 984 · District Court, S.D. Indiana · Aug 13, 2012

Under the doctrine of qualified immunity, police officers are shielded “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified Immunity Defendants assert that Officer Kermon is entitled to qualified immunity with respect to Mr. Gutierrez’s excessive force claim.

DeMayo v. Nugent

517 F.3d 11 · Court of Appeals for the First Circuit · Feb 22, 2008

grounds of qualified immunity. … Law enforcement officers may not violate constitutional rights, then expect qualified immunity when a court refuses to craft an unprecedented exception to a clearly established rule of law.

Hill ex rel. Estate of Hill v. Adkins

59 F. Supp. 3d 814 · District Court, E.D. Kentucky · Nov 18, 2014

Qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … Hill and, if a violation occurred, whether he transgressed a “clearly established right.” See Heflin v. Stewart County, Tenn., 958 F.2d 709, 717 (6th Cir.1992).

McMorrow v. Little

109 F.3d 432 · Court of Appeals for the Eighth Circuit · Mar 17, 1997

On appeal the officials argue that the law was not clearly established, that they are entitled to qualified immunity on this claim, and that MeMorrow’s claim must be dismissed. … Again we conclude that the officials are entitled to qualified immunity because it was not clearly established that this conduct was unconstitutional.

Xiaoxing Xi v. Andrew Haugen

68 F.4th 824 · Court of Appeals for the Third Circuit · May 24, 2023

Its determination that Xi failed to establish a “clearly established” violation for purposes of its qualified immunity analysis was therefore dispositive. Id. Xi now brings this timely appeal. II. … immunity because any constitutional rights he violated were not “clearly established.”

Allan F. Archer, Jr. v. Gilbert Sanchez

933 F.2d 1526 · Court of Appeals for the Tenth Circuit · Jul 1, 1991

Anderson then guides our inquiry into whether qualified immunity shields Mr. … While the court must decide whether the law in question was clearly established, Meade v.

Waste Recovery Cooperative of Minnesota v. County of Hennepin

504 N.W.2d 220 · Court of Appeals of Minnesota · Jul 27, 1993

Appellants first contend that they are immune from suit pursuant to 42 U.S.C. § 1983 (1988) under the doctrine of qualified immunity. We agree. … Consequently, under the undisputed facts of this case respondents did not have a clearly established right to procedural due process. B.

Oden v. Reader

935 S.W.2d 470 · Texas Court of Appeals, 12th District (Tyler) · Nov 26, 1996

To be entitled to summary judgment on the affirmative defense of qualified official immunity, Oden must establish that: (1) his position as county attorney has quasi-judicial status; (2) it was within his authority as county … Thus, the first two prongs of the qualified immunity defense have been proven by Oden.

Jackson v. Long

102 F.3d 722 · Court of Appeals for the Fourth Circuit · Dec 17, 1996

issue whether the federal right allegedly infringed was `clearly established.'" … This contention raises the legal questions of whether Sheriff Long violated any clearly established constitutional rights of plaintiffs in responding to the inmate's complaint against them and, if the law clearly established

Broam v. Bogan

320 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 25, 2003

a criminal investigation either does not violate a federal constitutional right, or the constitutional right was not clearly established on the date of the alleged violation. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'"

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

Bradley L. McCloud C. Calvin Skaates Terrence B. Cohen Gloria Jean Morgan Vernon E. Hysell v. Joseph W. Testa,defendant-Appellant

227 F.3d 424 · Court of Appeals for the Sixth Circuit · Sep 8, 2000

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Id. at 818-19 , 102 S.Ct. 2727 . … He is not, however, clearly entitled to summary judgment on grounds of qualified immunity at this stage. Ill For the foregoing reasons, the district court’s denial of Testa’s motion for summary judgment is AFFIRMED.

Yost v. Wilhoit

District Court, E.D. Tennessee · Nov 8, 2021

Defendant Wilhoit also asserts qualified immunity as a defense. … It is well established that a plaintiff has the burden to defeat qualified immunity once it has been raised.

Moore v. Dormin

252 A.D.2d 421 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1998

As for qualified privilege, the plaintiff clearly did not raise a triable issue as to the defendant’s motivation, under either the constitutional or the common-law definition of malice. … Defendant raised the bar of absolute and qualified immunity based on his capacity as a prosecutor and the official context of the statements, arguing that the communication was made by one law-enforcement official to another

Griswold v. Alabama Department of Industrial Relations

903 F. Supp. 1492 · District Court, M.D. Alabama · Oct 10, 1995

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … In light of this finding, the supervisors’ entitlement to qualified immunity depends upon whether Griswold’s allegations implicate a constitutional right clearly established at the time of the alleged wrongful activities.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under Topolnicki's direction, and that Rozek had not shown they had violated any clearly established constitutional … We need not reach the question of whether defendant Topolnicki was entitled to summary judgment on the defense of prosecutorial immunity for all of his actions, because the record clearly reflects his entitlement to qualified